JUDGMENT 1. - Instant writ petition has been filed by the petitioner to quash order passed by the District Collector, Chittorgarh dated 4.6.2013 passed in Case No. 217/2012 (Rev. Department) and also order dated 14.10.2013 passed by the Board of Revenue in Revision Petition No. 4463/2013 whereby the objection raised by the petitioner under Section 89(3) in the proceedings initiated respondent M/s Wonder Cement Ltd. under Section 89 of the Land Revenue Act as rejected. 2. The bone of contention of the learned Counsel for the petitioner is that the land in question is not situated in khasra No. 578 of village Falwa Tehsil Nimbahera (District Chittorgarh), therefore, there is no question of granting compensation for acquiring the land by the Mining Department. Learned Counselor the petitioner submits that the petitioner is agriculturist, therefore, the preliminary objections were to be decided First prior to deciding the question of compensation, therefore, the order passed by the District Collector, Chittorgarh, so also, order dated 4.10.2013 passed by the Board of Revenue may be quashed. 3. In the alternative, it is submitted that the District Collector, Chittorgarh may be directed to consider the objections raised by the petitioner at the time of determination of compensation. 4. After hearing learned Counsel for the parties, I am of the opinion that the disputed question of fact cannot be decided in the writ jurisdiction. Therefore, there is no substance in the argument of learned Counsel for the petitioner that the land in question is not required to be acquired or possession is required to be taken immediately, therefore, the petitioner can be permitted to cultivate the land in question because it is not situated within the limits of the land acquired for M/s Wonder Cement Ltd. In my opinion, the order passed by the District Collector does not require any interference. 5. Therefore, this writ petition is hereby dismissed. However, it is expected from the District Collector that factual aspect of the matter will be considered at the time of determination of compensation under Section 89(4) of the Land Revenue Act.Petition dismissed. *******